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2023 Supreme(Del) 4772

SANJEEV NARULA
Vijay Kumar Varshney – Appellant
Versus
Longlast Power Products Ltd – Respondent


Advocates appeared:
Ms. Rajeshwari H. and Ms. Nupur Goswamy, Advocates, for the Petitioner.
Mr. Sanjeev Sindhwani, Senior Advocate with Ms. Priya Rao, Advocate, for the Respondent.

JUDGMENT

Sanjeev Narula, J. The Petitioner and the Respondents, who are the Plaintiff and the Defendants respectively in the original lawsuit [CS(COMM) 2185/2021], are embroiled in a commercial dispute before the Commercial Court Judge at Tis Hazari, Central District, Delhi. The core of the dispute revolves around the Petitioner's plea for legal protection, primarily in the form of an injunction, to prevent the Respondents from engaging in alleged unauthorized use of the Petitioner's trademark "AMAZE" on the ground of passing off.

2. As it stands, the aforementioned suit is currently in the process of adjudication, with the conclusive judgment and the determination of an interlocutory injunction still pending. However, the focus of this present petition is a comprehensive order issued on 02nd August, 2022 passed by Commercial Court Judge [hereinafter "Impugned Order"], dismissing two applications filed by the Petitioner, both seeking leave to introduce additional documents. Aggrieved by the same, Petitioner has appealed to this Court's supervisory jurisdiction, asserting that their right to a fair trial has been compromised, by a manifestly erroneous order.

Background of the dispute

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